The license terms & conditions stated herein (the "License Terms" hereafter) grant non-exclusive rights to AUTHORIZED USERS for using the product(s) or service(s) ("REPORT") offered by 360iResearch LLC ("360iResearch" "we," "us," & "our") in any form, & is applicable to all orders (an "ORDER") processed by 360iResearch. The agreement is related to your use of the products & services offered by 360iResearch. By placing the order, an individual ("you"), on his/her own or on behalf of an “organization,” agrees to the License Terms. The License Terms shall be binding upon the user upon acceptance of the delivery 360iResearch’s research products (includes research reports, survey data, company profiles, custom research services, & any other product created & owned by 360iResearch) or consulting assignments by 360iResearch & any of its authorized distributors. The License Terms supersedes & replaces any other agreement accepted by you with respect to a prior version of the product or service.
With "WEB PACK" license, 360iResearch grants one non-exclusive, non-transferable READ-ONLY Online Access. The right to store, display, use, or stockpile the report is restricted in this license type. By obtaining an WEB PACK READ-ONLY ACCESS LICENSE, you are entitled for using the product for individual use for a definite period based on the SUBSCRIPTION PLAN, & is refrained from further circulation of the report. An authorized user shall be granted one USER ID & Password for viewing the report ONLY ONLINE. The products & services offered are the intellectual property of 360iResearch, & are protected by applicable copyright laws, international treaty provisions, & other applicable laws of the country in which these are being used.
Albeit the above mentioned, you are NOT being permitted to:
With "DATA PACK" license, 360iResearch grants user/users access to QUANTITATIVE DATA only, which includes but not restricted to numeric data, tables, charts, etc. as defined by 360iResearch. Theoretical explanation or information is NOT provided with this package. This information is a non-exclusive, non-transferable machine-readable license for either electronic or online access. The right to store, display, use, or stockpile the information is restricted to ONLY authorized users. The user/users are authorized to print one duplicate copy of the publication for individual use, but may not be replicated for further circulation.
Albeit the above mentioned, you are NOT being permitted to:
All fees should be paid as per the terms of payment mentioned in the applicable order (Fees). 360iResearch has the discretion to cancel access to the product in case the full payment has not been received by 360iResearch within the stipulated time.
All fees that you shall pay to 360iResearch are exclusive of all goods & services, sales, use or other taxes, customs, duties & similar levies. All the aforementioned payment payable in or to any jurisdiction or authority whatsoever shall be your sole responsibility. This payment will exclude taxes levied on the income of 360iResearch.
Overdue amounts shall bear interest calculated from the date when due until the date that payment is received by 360iResearch. You shall pay the interest at a rate of two percent (2%) per month compounded monthly (which is equivalent to 26.86% per annum) but shall not exceed the maximum amount permitted by law.
User is required to reimburse 360iResearch for the entire collection related expenses incurred by 360iResearch which shall include all attorney's & service fees arising out of collections of overdue fees & Taxes.
No refunds will be considered in case of:
360iResearch shall exercise the right to ensure the users’ compliance with the aforementioned License Terms, using any method available to & preferred by 360iResearch. In case any non-compliance on your part is detected in relation to any Product(s) or Service(s) purchased, 360iResearch may, in its sole discretion, without causing any effect to any other rights of 360iResearch under these License Terms may initiate the following:
All reports bought under discounts & offers are entitled to post-sale analyst hours support from 360iResearch’s research team, in order to help them expand their report proceeds. However, the number of analyst hours support depends on discretion of 360iResearch.
In addition, in case of any customization or modification request, 360iResearch is willing to assist its clients in getting it resolved from our in-house research team. However, the payment cannot be reimbursed in any situation, in order to avoid data breach. Please check our return policy for further clarifications.
"Intellectual Property Rights" are the sole property of 360iResearch which includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trade-marks, database rights, design rights (whether registered or unregistered), proprietary information rights. You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or Service(s) or its (their) usage except for the license granted by 360iResearch to use the Product(s) or Service(s) as mentioned henceforth.
In relation to third party claims you are liable to indemnify 360iResearch as a result any transgression of any Intellectual Property Rights mentioned under the License terms. You acknowledge that 360iResearch (or its licensors) have the right to initiate any proceedings caused due to any such infringement, or any sort of claim relating thereto. Also, you shall to comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of 360iResearch.
All Product(s) or Service(s) are provided on an "as is", "as available" basis. 360iResearch adds express disclaimer to all the warranties including that of merchantability & fitness for a particular purpose. 360iResearch, its affiliates, & any officer, director, employee, subcontractor, agent, successor, or assign of 360iResearch or its affiliates makes no warranty that the service or content in relation to product:
The users are solely responsible for the selection, suitability & the use of the Product(s) or Service(s) & acknowledge that, as stated above, 360iResearch does not provide any additional warranties or guarantees relating to the Product(s) or Service(s).
360iResearch, its affiliates, & any officer, director, employee, subcontractor, agent, successor, or assign of 360iResearch or its affiliates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages. The aforementioned damages may include but is not limited to intangible losses (even when implied in advance) other such damages for loss of profits, goodwill or data.
The above losses may arise in relation to:
The usage of the Product(s) or Service(s) must be in compliance with the terms laid down under the License term ("Confidential Information"). In relation to the usage of the Product(s) or Service(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of 360iResearch which you possess as a result of these License Terms.
This compliance shall exclude information which:
Any notice, invoice or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery:
This compliance shall exclude information which:
The aforementioned license terms shall be deemed to be effective as of the date of acceptance of 360iResearch of an Order from You (the “Effective Date”) & shall remain in force until the user terminates the association in accordance with the terms of License agreement. Notwithstanding any term contained in this Section 8, 360iResearch may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due & payable to 360iResearch.
Annual Subscription which users makes shall commence on the Effective Date applicable to it & will be effective for a twelve (12) months duration (the “Initial Term”). Thereafter, each Annual Subscription shall renew for successive twelve (12) month periods (each, a “Renewal Term”). Either party may cancel the relevant Annual Subscription with prior three (3) months’ notice communicated in writing to the other party.
The entire agreement entered in by the parties relating to the licensing of the Product(s) or Service(s) consist of these License Terms, along with any terms & conditions set forth in an Order. This makes null & void all previous agreements & understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms & conditions & any other Order, these License Terms shall prevail as final document. Any modifications, amendments or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
You cannot assign or transfer your rights or obligations under these License Terms to another party without the prior written consent of 360iResearch.
User shall not ask for any waiver or modification of any term or condition mentioned under the License Terms in case of failure of 360iResearch at any time to enforce any of the other aforementioned terms.
In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, & all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision is expected to be achieved.
Sections 2 through 6 & 8 shall survive the expiration of termination of these License Terms.
These License Terms shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India.
You should acknowledge that non-compliance of these License Terms may cause 360iResearch irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that 360iResearch shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.
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